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And here today with more perspectives from
the library community is John Kraska,

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the executive director of every library. John.

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Thank you, Chris. My organization,
every library is a public policy and tax

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policy research organization focused
on issues affecting the future of

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libraries in the United States and abroad.

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Alongside of our colleagues readers first
we joined an amicus brief written by

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the library features Institute to ask
the court to uphold a library digital

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loaning practice commonly known as
CDL or control digital lending.

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Control digital lending uses technology
to enable a library to acquire preserve

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and provide access to digital versions
of books for library patrons simply put

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CDL is a different way of utilizing the
centuries old method, which libraries

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have loaned the books on their shelves
for the public to read CDL as this

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commonly used in libraries like the
Internet Archive does not replace the book

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licenses and is a reasonable
practice for the current moment.

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For more than a century copyright
law has allowed libraries to legally

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lend books and other materials they own.

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This practice is essential in ensuring
public access to information, particularly

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books, and as numerous social benefits
with the growth of digital delivery

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libraries have adapted by lending materials
using new technologies and formats.

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However, this lawsuit seeks to outlaw
digital library lending unless they dictate

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how where to whom and what what price it
occurs. This would significantly alter

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how libraries work,
their relationship with our patrons

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and collections in the digital age.

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I'd like to take a moment to remind the
court today about the context of the

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emergency lending library and to ask it
to consider that context, under which the

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Internet Archive as a library was
responding to need from the launch of the

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emergency lending library on March 24
2020 to June 16 2020 essentially every

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school district in the United States
was closed to in person learning.

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The Philadelphia School District for
example was completely shut down with no

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substantial instructions happening.
The school district of Washington DC shifted

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part of their instructions to television,
where K three was on Fox four to six

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grade was on CBS seven through eighth
grade was on the local ABC station.

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According to Georgetown University's
analysis of map tests, the Chicago Public

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School student, the average Chicago Public
School student, lost the equivalent of

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21 weeks of learning in a
year following the shutdowns.

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This emergency lending library provided
a unique, important and necessary to

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serve service to Americans in this context.

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It was an exemplar moment for libraries,
which mitigated harm for those students

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suffering into the shutdowns and their
families, then plaintiffs narrow

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interpretation of the copyright act
ignores the broader common law doctrine

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policy objectives and history of copyright
that both the Congress and the Supreme

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Court have used to historically balance
the interest of copyright holders

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and the American public.

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The court should not rewrite more
than a century of copyright law about

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libraries, doing so will make it nearly
impossible for libraries to fill their,

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their mission,
especially in times of grave need and crisis

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in this digital environment.

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Chris, thank you very much for a moment.